How is Fault Determined?

HOW TO DETERMINE WHO IS AT FAULT IN A CAR ACCIDENT

The level of financial compensation received after an auto accident much depends on who was at fault. The presiding judge in an Atlanta Georgia will use the comparative fault law to apportion damages received as a result of a car crash. Learn how to establish who is at fault in an auto collision and discover how this can impact on a car injury claim.

How to Determine Fault in a Car Accident

A judge who has clear-cut evidence will be able to decide how and why the auto accident happened. For example, one of the drivers may have driven past a stop sign or exceeded the stated speed limit. If there was no negligence on the injured party’s behalf, the case is clear. The accident victim acted in a lawful way; hence he or she has a right to claim compensation.

Yet it is often difficult to determine fault. For instance, two drivers are involved in a collision, one has exceeded the speed limit, and the other has driven through a red light. In this case, both drivers are guilty of negligence. The driver’s insurers will decide the right to compensation, based on this information.

The Importance of Determining Fault in an Accident

If both parties involved in the accident are at fault, the presiding judge will decide which; if any party is due to receive compensation. The sum payable usually hinges on whether either party was injured.

Auto drivers injured in a car accident in the State of Georgia will be assessed under the comparative fault law. The driver who is considered to be at fault will be awarded compensation, whilst the other party may receive no injury payment. It is difficult to calculate the amount of compensation payable in a car accident settlement, however, an experienced accident attorney will be a huge help. An expert Marietta personal injury lawyer will ensure the settlement covers out of pocket medical expenses caused by the accident or repair costs resulting from the car crash.

The Time Limit for Those Wishing to File a Lawsuit

Georgia, like every other state, has created a time limit for filing a case after injury in an accident. The time limit is known as a “statute of limitation”. Injured parties wishing to claim compensation must understand different deadlines apply to different causes.

For example:

A resident of Georgia who wants to file a claim for injury after a car accident must claim no later than two years after the event (Ga. Code Ann. § 9-3-33). When filing a lawsuit for damage to property, i.e. damage to the vehicle, the claim must be submitted within four years (Ga. Code Ann. § 9-3-32).

These are the set time limits for filing a lawsuit, but insurance claims work in a different way; however, it is wise to file the insurance claim as soon as possible. This will allow time under the “statute of limitations” if you are also considering filing a lawsuit. Individuals who file lawsuits find they have stronger negotiating powers with their insurance company. Do not allow the “statute of limitations” to expire as the insurer will be hesitant to offer little or any form of financial compensation.

We hope this article helps you to determine who is at fault if you have an accident. Be mindful, those injured in non-fault accidents can often claim compensation. Contact us today.